AB206-ASA1,21,1510
457.14
Temporary certificates. (1) (intro.) Upon application and payment
11of the fee specified in s. 440.05 (6), the appropriate section of the examining board
12may grant a temporary social worker,
advanced practice social worker, independent
13social worker, clinical social worker, marriage and family therapist
, or professional
14counselor certificate
or license to any individual who
satisfies does one of the
15following:
AB206-ASA1,21,18
16(a) Satisfies the requirements under s. 457.08 (1) (a) and (b)
, 457.10 (1) to (3)
17or 457.12 (1) to (3) and has submitted an application to take the next available
18examination for certification under s. 457.08 (1) (c)
, 457.10 (4) or 457.12 (4).
AB206-ASA1,21,21
19(2) A temporary certificate granted under
this section sub. (1) is valid for a
20period designated by the appropriate section of the examining board, not to exceed
219 months, and may be renewed once by that section of the examining board.
AB206-ASA1, s. 63
22Section
63. 457.14 (1) (b), (c), (d), (e) and (f) of the statutes are created to read:
AB206-ASA1,21,2523
457.14
(1) (b) Satisfies the requirements under s. 457.08 (2) (a) and (b) and has
24submitted an application to take the next available examination for certification
25under s. 457.08 (2) (c).
AB206-ASA1,22,3
1(c) Satisfies the requirements under s. 457.08 (3) (a) to (c) and has submitted
2an application to take the next available examination for certification under s.
3457.08 (3) (d).
AB206-ASA1,22,64
(d) Satisfies the requirements under s. 457.08 (4) (a) to (c) and has submitted
5an application to take the next available examination for licensure under s. 457.08
6(4) (d).
AB206-ASA1,22,87
(e) Satisfies the requirements under s. 457.10 (1) to (3) and has submitted an
8application to take the next available examination for licensure under s. 457.10 (4).
AB206-ASA1,22,109
(f) Satisfies the requirements under s. 457.12 (1) to (3) and has submitted an
10application to take the next available examination for licensure under s. 457.12 (4).
AB206-ASA1,22,12
12457.15 (title)
Reciprocal certificates
and licenses.
AB206-ASA1, s. 65
13Section
65. 457.15 (1) (intro.) of the statutes is amended to read:
AB206-ASA1,22,1514
457.15
(1) (intro.) Upon application and payment of the fee specified in s.
15440.05 (2), the social worker section
shall may do all of the following:
AB206-ASA1,22,2217
457.15
(1) (a) Grant a social worker certificate to any individual who holds a
18similar certificate in another state or territory of the United States
and who passes
19an examination approved by the social worker section that tests knowledge of state
20law relating to social work, if the social worker section determines that the
21requirements for obtaining the certificate in the other state or territory are
22substantially equivalent to the requirements under s. 457.08 (1).
AB206-ASA1,23,524
457.15
(1) (b) Grant an advanced practice social worker certificate to any
25individual who
is certified under par. (a) or under s. 457.08 (1) and who holds a
1similar certificate in another state or territory of the United States
and who passes
2an examination approved by the social worker section that tests knowledge of state
3law relating to advanced practice social work, if the social worker section determines
4that the requirements for obtaining the certificate in the other state or territory are
5substantially equivalent to the requirements under s. 457.08 (2).
AB206-ASA1,23,137
457.15
(1) (c) Grant an independent social worker certificate to any individual
8who
is certified under par. (a) or under s. 457.08 (1) and who holds a similar
9certificate in another state or territory of the United States
and who passes an
10examination approved by the social worker section that tests knowledge of state law
11relating to independent social work, if the social worker section determines that the
12requirements for obtaining the certificate in the other state or territory are
13substantially equivalent to the requirements under s. 457.08 (3).
AB206-ASA1,23,2215
457.15
(1) (d) Grant
an independent
a clinical social worker
certificate license 16to any individual who
is certified under par. (a) or under s. 457.08 (1) and who holds
17a similar certificate
or license in another state or territory of the United States
and
18who passes an examination approved by the social worker section that tests
19knowledge of state law relating to clinical social work, if the social worker section
20determines that the requirements for obtaining the certificate
or license in the other
21state or territory are substantially equivalent to the requirements under s. 457.08
22(4).
AB206-ASA1,24,724
457.15
(2) Upon application and payment of the fee specified in s. 440.05 (2),
25the marriage and family therapist section
shall may grant a marriage and family
1therapist
certificate license to any individual who holds a similar certificate
or
2license in another state or territory of the United States
and who passes an
3examination approved by the marriage and family therapist section that tests
4knowledge of state law relating to marriage and family therapy, if the marriage and
5family therapist section determines that the requirements for obtaining the
6certificate
or license in the other state or territory are substantially equivalent to the
7requirements under s. 457.10.
AB206-ASA1,24,169
457.15
(3) Upon application and payment of the fee specified in s. 440.05 (2),
10the professional counselor section
shall may grant a professional counselor
11certificate license to any individual who holds a similar certificate
or license in
12another state or territory of the United States
and who passes an examination
13approved by the professional counselor section that tests knowledge of state law
14relating to professional counseling, if the professional counselor section determines
15that the requirements for obtaining the certificate
or license in the other state or
16territory are substantially equivalent to the requirements under s. 457.12.
AB206-ASA1,24,2418
457.16
(1) The appropriate section of the examining board shall arrange for
19examinations for social worker, advanced practice social worker, independent social
20worker,
independent clinical social worker, marriage and family therapist
, and
21professional counselor certification
and licensure to be conducted at least
22semiannually and at times and places determined by that section of the examining
23board, and shall provide public notice of each examination at least 90 days before the
24date of the examination.
AB206-ASA1,25,5
1457.16
(2) Examinations shall consist of written or oral tests, or both, requiring
2applicants to demonstrate minimum competency in subjects substantially related to
3the practice of social work,
advanced practice social work, independent social work,
4clinical social work, marriage and family therapy
, or professional counseling, as
5appropriate.
AB206-ASA1,25,127
457.16
(3) An individual is not eligible for examination unless he or she
8satisfies the requirements for certification
or licensure under s. 457.08 (1) (a)
and (b),
9(2) (intro.)
, and (a)
and (b), (3) (intro.) and (a) to (c) or (4) (intro.) and (a) to (c), 457.10
10(1)
to (3) and (2), or 457.12 (1)
to (3) and (2) and, at least 30 days before the date of
11the examination, submits an application for examination to the department on a
12form provided by the department and pays the fee specified in s. 440.05 (1).
AB206-ASA1, s. 75
13Section
75. 457.20 (1) and (2) of the statutes are amended to read:
AB206-ASA1,25,1514
457.20
(1) The department shall issue a certificate of certification
or licensure 15to each individual who is certified
or licensed under this chapter.
AB206-ASA1,25,18
16(2) The renewal dates for certificates
and licenses granted under this chapter,
17other than
certificates granted under ss. 457.13 and 457.14 training certificates or 18temporary certificates or licenses, are specified under s. 440.08 (2) (a).
AB206-ASA1,26,220
457.20
(3) (c) If the application is for renewal of a professional counselor
21certificate license that was
originally granted
as a professional counselor certificate 22under
1991 Wisconsin Act 160, section
21 (2) (g), evidence satisfactory to the
23professional counselor section that the applicant continues to be employed by a
24federal, state
, or local governmental agency as a professional counselor, professional
1rehabilitation counselor, vocational rehabilitation counselor
, or rehabilitation
2counselor.
AB206-ASA1,26,94
457.20
(4) Renewal of an advanced practice social worker, independent social
5worker
, or
independent clinical social worker certificate
or license automatically
6renews the individual's social worker certificate without payment of the renewal fee
7for the social worker certificate or completion of the continuing education
8requirements that would otherwise be required for renewal of a social worker
9certificate.
AB206-ASA1, s. 78
10Section
78. 457.22 of the statutes is renumbered 457.22 (1) (intro.) and
11amended to read:
AB206-ASA1,26,1312
457.22
(1) (intro.) The examining board may
promulgate do any of the
13following:
AB206-ASA1,26,18
14(a) Upon the advice of the social worker section, promulgate rules establishing
15requirements and procedures for
certificate holders
social workers, advanced
16practice social workers, independent social workers, and clinical social workers to
17complete continuing education programs or courses of study in order to qualify for
18renewal.
AB206-ASA1,26,24
19(2) The rules
promulgated under sub. (1) may not require an individual to
20complete more than 30 hours of continuing education programs or courses of study
21in order to qualify for renewal. The appropriate section of the examining board may
22waive all or part of the requirements established in rules promulgated under this
23section if it determines that prolonged illness, disability
, or other exceptional
24circumstances have prevented the individual from completing the requirements.
AB206-ASA1, s. 79
25Section
79. 457.22 (1) (b) and (c) of the statutes are created to read:
AB206-ASA1,27,4
1457.22
(1) (b) Upon the advice of the marriage and family therapist section,
2promulgate rules establishing requirements and procedures for marriage and family
3therapists to complete continuing education programs or courses of study in order
4to qualify for renewal.
AB206-ASA1,27,75
(c) Upon the advice of the professional counselor section, promulgate rules
6establishing requirements and procedures for professional counselors to complete
7continuing education programs or courses of study in order to qualify for renewal.
AB206-ASA1,27,14
9457.24 Professional liability insurance. (1) Except as provided in sub. (2),
10a person licensed as a clinical social worker, marriage and family therapist, or
11professional counselor under this chapter may not practice clinical social work,
12marriage and family therapy, or professional counseling unless he or she has in effect
13professional liability insurance. The examining board shall promulgate rules
14establishing the minimum amount of insurance required under this subsection.
AB206-ASA1,27,19
15(2) Subsection (1) does not apply to a person practicing clinical social work,
16marriage and family therapy, or professional counseling as an employee of a federal,
17state, or local governmental agency, if the practice is part of the duties for which he
18or she is employed and is solely within the confines of or under the jurisdiction of the
19agency by which he or she is employed.
AB206-ASA1,28,7
21457.25 Reporting requirements. (1) Any public or private mental health
22or health care agency, institution or facility, or any other person or entity that
23employs or contracts for services with a
certificate
credential holder, that terminates,
24suspends
, or restricts the employment or contract of the
certificate credential holder
25as a result of adverse or disciplinary action against the
certificate credential holder
1relating to his or her practice of social work,
advanced practice social work,
2independent social work, clinical social work, marriage and family therapy
, or
3professional counseling shall submit a written report of the action to the appropriate
4section of the examining board within 30 days after the date on which the action is
5taken or, if grounds for such an action exist and the
certificate credential holder
6terminates his or her employment before the action is taken, within 30 days after the
7date on which the
certificate credential holder terminates his or her employment.
AB206-ASA1,28,18
8(2) Any state or local professional society or organization of social workers,
9marriage and family therapists
, or professional counselors that terminates, revokes
, 10or suspends the membership of a
certificate credential holder, or takes any other
11adverse or disciplinary action against a
certificate
credential holder relating to his
12or her practice of social work,
advanced practice social work, independent social
13work, clinical social work, marriage and family therapy
, or professional counseling,
14shall submit a written report of the action to the appropriate section of the examining
15board within 30 days after the date on which the action is taken or, if grounds for such
16an action exist and the
certificate credential holder terminates his or her
17membership before the action is taken, within 30 days after the date on which the
18certificate credential holder terminates his or her membership.
AB206-ASA1,29,2
19(3) Any insurer, as defined in s. 600.03 (27), who provides professional liability
20insurance coverage for a
certificate credential holder and who pays a claim for
21damages arising out of the rendering of services by the
certificate credential holder
22or obtains any information that tends to substantiate a charge that the
certificate 23credential holder has engaged in conduct that constitutes grounds for discipline
24under s. 457.26 shall submit a written report of the payment or information to the
1appropriate section of the examining board within 30 days after the date on which
2the payment is made or information is obtained.
AB206-ASA1,29,9
3(4) Any circuit court that appoints a guardian of the person or estate of a
4certificate credential holder or makes a judgment or other determination that a
5certificate credential holder is mentally ill or mentally incompetent or that a
6certificate credential holder has done any of the acts enumerated in s. 457.26 (2) shall
7submit a written report of the appointment, judgment
, or determination to the
8appropriate section of the examining board within 30 days after the date on which
9the appointment, judgment
, or determination is made.
AB206-ASA1,29,18
10(5) (a) Within 30 days after receipt of a report under sub. (1), (2), (3)
, or (4), the
11appropriate section of the examining board shall notify the
certificate credential 12holder, in writing, of the substance of the report. The
certificate credential holder
13and
the certificate holder's his or her authorized representative may examine the
14report and may place into the record a statement, of reasonable length, of the
15certificate credential holder's view of the correctness or relevance of any information
16in the report. The
certificate credential holder may institute an action in circuit court
17to amend or expunge any part of
the certificate holder's his or her record related to
18the report.
AB206-ASA1,30,219
(b) If the appropriate section of the examining board determines that a report
20submitted under sub. (1), (2), (3)
, or (4) is without merit or that the
certificate 21credential holder has sufficiently improved his or her conduct, that section of the
22examining board shall remove the report from
the certificate holder's his or her 23record. If no report about a
certificate credential holder is filed under sub. (1), (2),
24(3)
, or (4) for 2 consecutive years, the
certificate credential holder may petition the
1appropriate section of the examining board to remove any prior reports, which did
2not result in disciplinary action, from his or her record.
AB206-ASA1, s. 82
3Section
82. 457.26 (2) (intro.), (a) and (b) of the statutes are amended to read:
AB206-ASA1,30,84
457.26
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
5appropriate section of the examining board may reprimand a
certificate credential 6holder or deny, limit, suspend
, or revoke a
certificate credential under this chapter
7if it finds that the applicant
or certificate credential holder has done any of the
8following:
AB206-ASA1,30,109
(a) Made a material misstatement in an application for a
certificate credential 10or for renewal of a
certificate credential.
AB206-ASA1,30,1411
(b) Subject to ss. 111.321, 111.322
, and 111.335, been convicted of an offense the
12circumstances of which substantially relate to the practice of social work,
advanced
13practice social work, independent social work, clinical social work, marriage and
14family therapy
, or professional counseling.
AB206-ASA1,30,1916
457.26
(2) (e) Subject to ss. 111.321, 111.322
, and 111.34, practiced social work,
17advanced practice social work, independent social work, clinical social work, 18marriage and family therapy
, or professional counseling while his or her ability to
19practice was impaired by alcohol or other drugs.
AB206-ASA1,31,221
457.26
(2) (g) Performed social work
, advanced practice social work, or
22independent social work services in violation of the rules promulgated under s.
23457.03 (2) or otherwise engaged in conduct while practicing social work,
advanced
24practice social work, independent social work, clinical social work, marriage and
1family therapy
, or professional counseling which evidences a lack of knowledge or
2ability to apply professional principles or skills.
AB206-ASA1,31,75
905.04
(1) (bm) "Marriage and family therapist" means an individual who is
6certified licensed as a marriage and family therapist under ch. 457 or an individual
7reasonably believed by the patient to be a marriage and family therapist.
AB206-ASA1,31,119
905.04
(1) (dm) "Professional counselor" means an individual who is
certified 10licensed as a professional counselor under ch. 457 or an individual reasonably
11believed by the patient to be a professional counselor.
AB206-ASA1,31,1713
905.04
(1) (g) "Social worker" means an individual who is certified
or licensed 14as a social worker
, advanced practice social worker, independent social worker, or
15clinical social worker under ch. 457 or an individual reasonably believed by the
16patient to be a social worker
, advanced practice social worker, independent social
17worker, or clinical social worker.
AB206-ASA1,31,1919
(1)
Definitions. In this
Section:
AB206-ASA1,31,2020
(a) "Department" means the department of regulation and licensing.
AB206-ASA1,31,2221
(b) "Examining board" means the marriage and family therapy, professional
22counseling, and social work examining board.
AB206-ASA1,32,223
(2)
Examining board membership. Notwithstanding section 15.405 (7c) (a) and
24(am) of the statutes, as affected by this act, a member of the examining board who
25was appointed on or before the effective date of this subsection may continue to serve
1as a member of the examining board until the end of his or her appointed term, except
2for a member whose appointed term expires on or before January 1, 2002.
AB206-ASA1,32,33
(3)
Transitional provisions.
AB206-ASA1,32,84
(a)
Duties of examining board sections. Notwithstanding sections 457.08 (4)
5(intro.), (c) (intro.), 1., 2., 3., and 4., and (d), 457.10 (intro.) and (3) (intro.), (a), (b), (c),
6and (d), 457.12 (intro.) and (3) (a) (intro.), 1., 2., 3., and 4. and (b) (intro.), 1., 2., 3.,
7and 4., 457.14 (1), and 457.15 (1) (intro.), (a), (b), (c), and (d), (2), and (3) of the
8statutes, as affected by this act, on the effective date of this paragraph:
AB206-ASA1,32,13
91. The social worker section of the examining board shall grant a clinical social
10worker license under section 457.08 (4) of the statutes, as affected by this act, to any
11person who holds a valid independent clinical social worker certificate that was
12granted by the social worker section of the examining board before the effective date
13of this subdivision.
AB206-ASA1,32,18
142. The marriage and family therapist section of the examining board shall
15grant a marriage and family therapist license under section 457.10 of the statutes,
16as affected by this act, to any person who holds a valid marriage and family therapist
17certificate that was granted by the marriage and family therapy section of the
18examining board before the effective date of this subdivision.
AB206-ASA1,32,23
193. The professional counselor section of the examining board shall grant a
20professional counselor license under section 457.12 of the statutes, as affected by this
21act, to any person who holds a valid professional counselor certificate that was
22granted by the professional counselor section of the examining board before the
23effective date of this subdivision.
AB206-ASA1,33,8
244. The appropriate section of the examining board shall grant a temporary
25social worker, marriage and family therapist, or professional counselor license under
1section 457.14 (1) of the statutes, as affected by this act, to any person who holds a
2valid temporary social worker, marriage and family therapist, or professional
3counselor certificate that was granted by that section of the examining board before
4the effective date of this subdivision. A temporary license granted pursuant to this
5subdivision is valid only for the period of time designated by the section of the
6examining board for the temporary certificate granted to the person. If the
7temporary certificate was renewed once by the section, the temporary license may
8not be renewed.
AB206-ASA1,33,119
(b)
Duty of department. The department shall issue a certificate of licensure
10under section 457.20 (1) of the statutes, as affected by this act, to any person who is
11granted a license under paragraph (a
).
AB206-ASA1,33,1413
(1)
This act takes effect on the first day of the 6th month beginning after
14publication.